Recovery from Disability Sample Clauses

Recovery from Disability. If during the Disability Period you shall fully recover from your disability, the Company shall have the right (exercisable within 60 days after notice from you of such recovery), but not the obligation, to reinstate you to full-time employment at your compensation rate in effect as of the Disability Date. If the Company elects to rehire you, then the Disability Period payments described in Section 5.1 shall cease and this Agreement shall be reinstated in all respects and the Term shall not be extended by virtue of the occurrence of the Disability Period. If the Company elects not to rehire you, during any balance of your Disability Period, you shall be entitled to receipt of the payments described in Section 5.1 and you may obtain Other Employment, subject, however, to the following: (i) you shall perform advisory services to the Company during any balance of the Disability Period and (ii) you shall not be entitled to the post-termination health and welfare benefits provided in Section 7.2 if you obtain Other Employment during the balance of your Disability Period. The advisory services referred to in clause (i) of the immediately preceding sentence shall consist of rendering advice concerning strategic matters as requested by the Company, but you shall not be required to devote more than five days (up to eight hours per day) each month to such services, which shall be performed at a time and place mutually convenient to both parties. Any income from any Other Employment you may obtain during the balance of the Disability Period shall not be applied to reduce the Company’s obligations under this Agreement.

Recovery from Disability. If during the Disability Period you shall fully recover from your disability, the Company shall (within 60 days after notice from you of such recovery), restore you to full-time service at full compensation and this Agreement shall continue in full force and effect in all respects and the Term Date shall not be extended by virtue of the occurrence of the Disability Period.

Recovery from Disability. If during the Disability Period you shall fully recover from your disability, the Company shall have the right (exercisable within 60 days after notice from you of such recovery), but not the obligation, to restore you to full-time service at full compensation. If the Company elects to restore you to full-time service, then this Agreement shall continue in full force and effect in all respects and the Term Date shall not be extended by virtue of the occurrence of the Disability Period. (For the purposes of clarity, if the Company restores you to full-time service in accordance with the preceding sentence but in a position that would constitute a material breach of this Agreement had there been no Disability Period, you may terminate your employment pursuant to Section 4.

Recovery from Disability. If a Participant recovers from Disability and is reemployed as an Employee under the Plan, the Participant’s Credited Service shall be restored up to the Benefit Commencement Date of his Disability Pension. Provided the Participant has not incurred an one-year Break in Service and he returns on or before December 31, 2007, he shall be eligible to participate in the Plan and to accrue benefits under the Schedule in the Plan in which he was participating on his most recent Severance from Service Date. Notwithstanding the foregoing, a Participant returning from Disability who was participating in Schedule B may elect to participate in Schedule C, provided he complies with the Transition Rules of Section 2.05(d). Alternatively, a Participant who recovers from a Disability and is reemployed on or before December 31, 2007, could elect to participate in the Defined Contribution Plan, provided he meets all of the requirements applicable to participate in the plan. An Employee who recovers from Disability and is reemployed as an Employee after December 31, 2007 shall not be eligible to continue to accrue benefits under the Plan. Such Employee would be entitled to participate in the Defined Contribution Plan, and his benefits under this Plan shall be calculated based on service up to the time of Disability.

Recovery from Disability. If during the Disability Period you shall fully recover from your disability, the Company shall have the right (exercisable within 60 days after notice from you of such recovery), but not the obligation, to restore you to full-time service at full compensation. If the Company elects to restore you to full-time service, then this Agreement shall continue in full force and effect in all respects and the Term Date shall not be extended by virtue of the occurrence of the Disability Period. If the Company elects not to restore you to full-time service, you shall be entitled to obtain other employment and continue to receive the payments as set forth in, and in accordance with, the last sentence of Section 5.1, subject, however, to the following: (i) you shall perform advisory services during any balance of the Disability Period; and (ii) you shall comply with the provisions of Sections 8 and 9 during the Disability Period. The advisory services referred to in clause (i) of the immediately preceding sentence shall consist of rendering advice concerning the business, affairs and management of the Company as requested by the Chief Executive Officer or other senior officer of the Company but you shall not be required to devote more than five days (up to eight hours per day) each month to such services, which shall be performed at a time and place mutually convenient to both parties. Any income from such other employment shall not be applied to reduce the Company’s obligations under this Agreement.

Recovery from Disability. If during the Disability Period you shall fully recover from your disability, the Company shall have the right (exercisable within 60 days after notice from you of such recovery), but not the obligation, to reinstate you to full-time employment at your compensation rate in effect as of the Disability Date. If the Company elects to rehire you, then the Disability Period payments described in Section 5.1 shall cease and this Agreement shall be reinstated in all respects and the Term shall not be extended by virtue of the occurrence of the Disability Period. If the Company elects not to rehire you, during any balance of your Disability Period, you shall be entitled to receipt of the payments described in Section 5.1 and you may obtain Other Employment, subject, however, to the following: (i) you shall perform advisory services to the Company during any balance of the Disability Period and (ii) you shall not be entitled to the post-termination health and welfare benefits provided in Section 7.2 if you obtain Other Employment during the balance of your

Recovery from Disability. Subject to the Separation from Service rules of Section 1.30(a): (a) If a Participant is deemed to be no longer Disabled prior to his Normal Retirement Date and returns to the active service as a Director of the Company within one month of such determination or recovery, then the Participant shall be deemed not to have incurred a Break in Service as a result of his Disability, but the number of years and fractions thereof during which he may have received payments pursuant to this Article shall not be counted in determining his Years of Benefit Service for any purposes under the Plan. Disability payments shall nonetheless cease in accordance with Section 5.3(a). (b) If the Participant is deemed to be no longer Disabled prior to Normal Retirement Date and does not return to the active service as a Director of the Company within one month of such determination or recovery, then he shall be deemed to have separated from the service of the Company as of the date he became Disabled. In this event, the provisions of Section 5.3(a) shall apply, and any benefit payments shall cease.

Recovery from Disability. If during the Disability Period you shall fully recover from your disability, the Company shall have the right (exercisable within 60 days after notice from you of such recovery), but not the obligation, to restore you to full-time service at full compensation. If the Company elects to restore you to full-time service, then this Agreement shall continue in full force and effect in all respects and the Term Date shall not be extended by virtue of the occurrence of the Disability Period. If the Company elects not to restore you to full-time service, you shall be entitled to obtain other employment, subject, however, to the following: (i) you shall perform advisory services during any balance of the Disability Period; and (ii) you shall comply with the provisions of Sections 8 and 9 during the

Recovery from Disability. If during the Disability Period you shall fully recover from your disability, the Company shall have the right (exercisable within 60 days after notice from you of such recovery), but not the obligation, to restore you to full-time service at full compensation. If the Company elects to restore you to full-time service, then this Agreement shall continue in full force and effect in all respects and the Term Date shall not be extended by virtue of the occurrence of the Disability Period. If the Company elects not to restore you to full-time service, you shall continue to receive disability benefits and shall be entitled to obtain other employment, subject, however, to the following: (i) you shall perform advisory services during any balance of the Disability Period; and (ii) you shall comply with the provisions of the Confidentiality Agreement during the Disability Period. The advisory services referred to in clause (i) of the immediately preceding sentence shall consist of rendering advice concerning the business, affairs and management of the Company as requested by the Board of Directors or the Chief Executive Officer of the Company but you shall not be required to devote more than five days (up to eight hours per day) each month to such services, which shall be performed at a time and place mutually convenient to both parties. Any income from such other employment shall not be applied to reduce the Company's obligations under this Agreement.